Ofcom successfully resists judicial review claim in relation to cancellation of satellite filing decision

Case-CO/5018/2009 – Ofcom have successfully resisted a claim for judicial review by ICO Global Communications (Holdings) Ltd (ICO) of a decision of Ofcom to write to request that the International Telecommunications Union (ITU) remove ICO’s global medium earth orbit (MEO) satellite system (ICO-P) from the Master International Frequency Register (MIFR).

Ofcom represents the UK in international bodies, including the ITU, having communications functions. In particular, Ofcom has a role in ensuring that spectrum and orbital positions are used efficiently and that competition, innovation and growth in communications services is not hindered to the detriment of consumers and businesses. In this case Ofcom were concerned with the failure to bring the ICO-P satellite network into use in accordance with its notified characteristics.

Christopher Vajda QC and Ben Rayment were instructed by Ofcom.

To read the judgment, please click here.

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Ben Rayment